Remedies for Breach of Quiet Enjoyment in California

 

Last week, I discussed the right to quiet enjoyment, and explained that every rental agreement contains an implied covenant of quiet enjoyment. This week, I will discuss remedies available in the event that the right to quiet enjoyment is breached.

Here is a non-exclusive list of possible remedies that might be available to tenants if the landlord breaches the implied covenant of quiet enjoyment in California:

  • A civil penalty of not more than $2,000 for each act
  • Damages for lost profits
  • Damages for lost business good will
  • Moving expenses
  • Injunctive relief
  • Constructive eviction
  • The tenant might also be able to bring tort claims for trespass, negligent and intentional invasion of privacy, negligent and intentional infliction of emotional distress, and negligence
  • The tenant may need to vacate the property before suing for a breach of the implied covenant of quiet enjoyment

The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.

Read Attorney Piotrowski’s “Landlord Best Practices and Eviction Overview” book.

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